Practice
Areas
Mr. McHugh’s experience has included
the representation of badly injured victims in claims throughout
Pennsylvania, and in New Jersey, New York and Delaware.
Specific areas of experience include:
Aviation
Mr. McHugh has handled aviation cases ranging from large
scale commercial airline disasters to the crash of small
private planes, including involvement in the Lockerbie
tragedy, arising out of the terrorist attack on Pan Am
Flight 103. His cases have required him to investigate
air disasters far from home, including the Paris Air
terminal collapse, and crashes over the Indian Ocean
and in Africa. He also has experience with complicated
issues of foreign law, including cases litigated under
the international Warsaw Convention, and cases in which
the controlling legal principles were established by
courts overseas. Where an air disaster has occurred over
international waters, he has litigated under federal
maritime law, including the Death on the High Seas Act.
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Construction Site/Industrial
Workplace Accidents
Mr. McHugh has handled virtually every type of accident
that can occur at a construction site or in the workplace.
These cases range from the failure of contractors to have
adequate fall protection at a site, to defects in machinery
or tools. He has investigated cases of crane malfunctions
and cases involving buried electrical transmission lines,
and handled cases of injury caused by explosions, the failure
of pressure vessels, or compressors. In other instances,
he has represented workers who suffered injury because
of defects in forklifts, loading docks, or trucks. His
career has given him long experience in working with union
officials and safety experts to protect injured workers.
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Medical Malpractice
Mr. McHugh has represented
catastrophically injured patients in cases involving virtually
every specialty in medicine. This experience encompasses
relatively straightforward cases – such as mislabeled
biopsy slides or erroneous reporting of lab results – to
those that involve innovative surgical procedures and clinical
trials. He has represented clients in numerous cases of
obstetrical or pediatric negligence causing brain damage,
birth injuries, or cerebral palsy, requiring lifetime care.
Many of his cases have involved the failure to diagnose
or treat cancer, including cases arising out of the erroneous
interpretation of x-ray or mammogram studies. This has
given him experience with a wide range of medical issues,
and an ability to work closely with qualified experts in
the medical field.
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Product Liability
Mr. McHugh has litigated cases involving a wide variety
of products ranging from routine consumer goods to highly
sophisticated machinery, from power tools to parachutes.
He has a particular
interest in litigating cases arising out of injuries caused
by children’s cribs and furniture. He also has experience
in cases involving defects in automobile design, including
crashworthiness, seat design, and problems with fuel system
integrity. Many cases involving workplace safety will also
involve a claim for product liability. Mr. McHugh routinely
works with engineers and product designers in pursuing
such claims, and in some cases this has required the development
of a new prototype for a safer design.
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Brain Injury/Spinal
Cord Injuries
Tragically, many accidents involve the most sensitive
areas of the body: the brain and spinal cord. Over the
years, Mr. McHugh has represented numerous victims of brain
injuries, ranging from direct injury due to blunt force
trauma or deprivation of oxygen, to more subtle deficits
in cognitive function, commonly known as axonal or “closed
head” injuries.
A number of his clients have suffered paralysis. He has
experience in proving how such an injury occurs, and also
in establishing the lifetime needs of the victim for future
rehabilitation and supportive care.
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Burn Injuries
A number of Mr. McHugh’s product liability, work
site, and truck accident cases have involved serious burns,
which are among the most physically and psychologically
devastating injuries a person can suffer. He is familiar
with the particular needs of such clients, and knows what
is required to assure them lifetime financial security.
His colleague, Martin Brigham, Esquire, has a national
reputation for representing burn victims.
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Sports/Recreational
Injuries
Tragically, leisure time activities sometimes result in
serious injuries. Mr. McHugh has substantial experience
in handling such cases. These cases have included injuries
arising out of sports equipment, such as bicycles and toboggans.
They also include boating accidents. He has handled a number
of drowning cases, including drownings on public waterways,
in swimming pools, and at water parks. One of his noteworthy
cases involved the death of a visiting school student from
New York in a theme park wave pool. In cases involving
travel abroad, he has successfully litigated cases under
foreign law.
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Insurance Bad Faith
Under Pennsylvania law, an insurance company owes a duty
to deal in good faith with people to whom they have issued
policies. Mr. McHugh has brought suit against insurance
companies to enforce those obligations. In some cases
this has involved claims against HMO’s and health
insurers, when they have failed to supply necessary care
or rehabilitation for injury, including brain injury.
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Motor
Vehicle/Trucking Accidents
Mr. McHugh has experience in every conceivable type
of highway accident, from straightforward rear-end collisions
to complex multi-vehicle accidents on state highways. He
understands the nuances of the trucking industry, and the
special obligations of motor carriers operating in interstate
commerce. This includes making use of advanced information
systems now available in the trucking industry, which provide
detailed information about the condition of the vehicle
and the conduct of its driver. A number of his cases have
involved chemical or gasoline tankers. He has also handled
numerous train and grade crossing accidents. He routinely
utilizes trucking safety experts, and has made use of computer
assisted animation to reconstruct complicated accidents.
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Premises
Liability/Structural Collapse
Mr. McHugh has represented clients in a variety of cases
involving premises liability, from relatively straightforward
falls due to defects in a walking surface, to the collapse
of decks and stairways. Some cases have involved escalators
or elevators. He has experience in cases arising out of
falls on stairways and escalators, and frequently works
with sophisticated experts in the fields of construction,
metallurgy, and biomechanics to explain how an accident
occurred. He has also handled cases involving negligent
security in places of business.
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Governmental Liability/Civil
Rights
Mr. McHugh has litigated cases brought to hold governmental
agencies accountable for their conduct in a variety of
contexts. This includes suits against law enforcement for
reckless high speed pursuits, unwanted use of force, or
wrongfully withholding evidence as part of a criminal investigation.
He has represented children who were subject to abuse
or neglect in the foster care system. He has also brought
suit against the United States government under the Federal
Tort Claims Act (FTCA), when conduct by federal employee
resulted in injuries to citizens. He has litigated several
cases arising out of poor highway design or defective maintenance
of public facilities. In some
instances, this representation has led to re-design or
closure of highways.
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Legal Malpractice
Although Mr. McHugh has many relationships within the
legal community, he has been willing to undertake representation
in cases of legal malpractice, where it is clear that
a client was not properly
served by an attorney. His experience includes legal
malpractice claims arising out of a variety of complex
transactions, including mergers and acquisitions, environmental
law, and intellectual property, including international
patent rights.
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Articles:
Center City’s
Weekly PRESS
The Catholic
Standard and Times
The Legal Intelligencer
Philadelphia
The Philadelphia
Inquirer
The Philadelphia
Lawyer
The Verdict
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